THE HIGH Court has reserved judgment on a challenge by developer Owen O’Callaghan and other Cork-based individuals and companies to the Mahon tribunal’s refusal to give them any draft findings relating to them which may be included in its final report.
The hearing of the action before Mr Justice Iarfhlaith O’Neill concluded after two days yesterday and the judge reserved his decision, saying he hoped to deliver it as soon as possible.
The challenge is by Mr O’Callaghan, Glen Farm Upper, Rochestown Road; John Deane, a solicitor and property developer, Invercairn, Monastery Road; Riga and Barkhill Ltd, with registered addresses at Lavitt’s Quay Cork; Aidan Lucey, Birchley, Model Farm Road; Clare Cowhig, Dunboige, Churchyard Lane, Well Road; and CHK Partnership, South Mall. The proceedings arise from evidence to the tribunal over Barkhill’s acquisition of an interest in the Quarryvale site in Co Dublin. Mr O’Callaghan and Mr Deane are directors of Riga and Barkhill and Mr Lucey is the secretary of both firms. Ms Cowhig, an accountant with CHK, gave evidence related to work done for the O’Callaghan companies.
It is claimed the tribunal’s refusal of October 28th and December 19th, 2008, to give the applicants any draft findings referring to them to be incorporated in the tribunal’s report breaches their rights to fair procedures and to their good names.
Yesterday, in response to the judge, counsel for the applicants said they were not trying to ascertain the mind of the tribunal on the matters before it but rather needed to know the draft findings being made against them in order to make submissions on those.
The tribunal had been sitting for 12 years over 915 days, there were over 90,000 pages of transcripts and his clients were anxious they may not have addressed certain matters in their submissions to the tribunal, counsel said.
While the tribunal had said it had not formulated its view on such matters and would do so at the “appropriate time”, his side contended that time was now and the tribunal was now formulating the exact allegations made.
Counsel agreed with the judge that his side knew what was being said by Tom Gilmartin about them but said there were other witnesses.
Michael Collins SC, for the tribunal, said one would think from the submissions that Mr O’Callaghan and Mr Deane, despite being involved with the tribunal for more than 10 years, were not wise about what was before it and were like helpful citizens a bit “bemused” by the whole process.
The tribunal had been inquiring into whether the rezoning of Quarryvale was procured by bribes given to councillors and that was the heart of the issue, he said. Any material which might reflect adversely on the applicants had been given to them and they were on full notice of all matters.
Mr Collins also rejected arguments by the applicants of a “well-established” practice by other tribunals of giving proposed draft findings to affected parties to allow them make submissions on these.
Only the Moriarty tribunal had adopted such a practice and while it undoubtedly had its own good reasons for doing so, it remained the only tribunal either here or in England to have done so, he said.
